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United States Court Cases

Nevada Supreme/Appellate Court Record


Case Information: 38283
Short Caption:BURCH VS. DIST. CT. (DOUBLE DIAMOND)Court:Supreme Court
Lower Court Case(s):Washoe Co. - Second Judicial District - CV9904731Classification:Original Proceeding - Civil - Mandamus
Disqualifications:Case Status:Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:SP Status:
Oral Argument:04/08/2002 at 8:30 AMOral Argument Location:Carson City
Submission Date:04/08/2002How Submitted:After Oral Argument

+ Party Information

Docket Entries
08/08/2001Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Robert C. Maddox & Associates--check no. 16075.
08/08/2001Petition/WritFiled Petition for Writ of Mandamus. 01-13419
08/08/2001AppendixFiled Appendix. Brief in Support of Petition for Mandamus. 01-13420
08/09/2001Notice/OutgoingIssued Notice of Procedural Deficiency. Affidavit of the party beneficially interested or the affidavit of petitioner's attorney. Due Date: 10 days
08/09/2001MotionFiled Motion. Motion by the Nevada Trial Lawyers Association for Leave to file Amicus Curiae Brief. 01-13475
08/21/2001MotionFiled Response to Motion. Opposition by Real Parties in Interest Double Diamond Ranch and Double Diamond Homes to the Motion by the Nevada Trial Lawyers Association for Leave to File Amicus Curiae Brief. 01-14158
08/28/2001Order/ProceduralFiled Order/Answer Writ Petition. The real party in interest, on behalf of respondents, shall have 30 days from the date of this order within which to file an answer, including authorities, against issuance of the requested writ. fn1[We defer ruling on the Nevada Trial Lawyers Association's motion for leave to file an amicus curiae brief at this time.] 01-14560
09/27/2001Petition/WritFiled Answer to Petition for Writ. 01-16345
12/27/2001Order/ProceduralFiled Order Granting Motion. filed August 9, 2001, which the real parties in interest oppose. The NTLA shall file and serve its amicus brief within 20 days from the date of this order. Thereafter, the real parties in interest shall have 20 days within which to file an answering brief, if any. fn1[The NTLA may not file a reply brief.] 01-21746
01/18/2002BriefFiled Amicus Brief. Amicus Curiae Brief of Nevada Trial Lawyers Association in Support of Petition for Mandamus. 02-01328
02/25/2002Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes on April 8, 2002, at 8:30 a.m. (NNP02-MS/RR/NB)
03/01/2002Notice/IncomingFiled Notice of Change of Address. Law firm of Robert C. Maddox & Associates. 02-03794
03/22/2002Order/ProceduralFiled Order. To date, the real parties in interest have failed to file an answering brief to the NTLA's amicus brief. This failure is treated as a waiver of the right to file an answering brief. The briefing of this matter is deemed completed. 02-05153
03/22/2002BriefFiled Supplemental Authorities. Memorandum of Supplemental Authorities in Support of Petition for Mandamus. 02-05185
03/26/2002Notice/OutgoingIssued Oral Argument Reminder Notice.
04/08/2002Case Status Update Submitted for Decision. Argued by: Robert C. Maddox for Petitioners and Donald a. Lattin for Real Parties in Interest. NNP02-MS/RR/NB.
06/25/2002Notice/IncomingFiled Notice of Change of Address. Law firm of Robert C. Maddox & Associates. 02-10966
07/17/2002Opinion/DispositionalFiled Per Curiam Opinion. "Petition granted." We direct the clerk of this court to issue a writ of mandamus. Before Shearing, Rose and Becker, JJ. Per Curiam. NNP02. 118 Nev. Adv. Opn. No. 46. 02-12220
07/17/2002WritIssued Writ. Original and one copy of writ and copy of order mailed to Robert C. Maddox for service upon Judge Steven R. Kosach. 02-12248
07/22/2002WritFiled Writ. Served on Judge Kosach on July 19, 2002. 02-12248
08/02/2002Filing FeeReceived Filing Fee Paid on Filing. $100 from Walther Key Maupin Oats Cox & LeGoy--check no. 70204.
08/02/2002Post-Judgment PetitionFiled Petition for Rehearing. Real Parties in Interest's Petition for Rehearing. 02-13278
09/11/2002Post-Judgment OrderFiled Order/Rehearing Denied. "Rehearing denied." NRAP 40(c). NNP02-MS/RR/NB 02-15682
09/23/2002Filing Fee Returned Filing Fee. Check No. 70596 returned to Walther, Key firm - check no. 70596.
09/23/2002Post-Judgment PetitionFiled Petition for En Banc Reconsideration. Hand Delivered by Reno/Carson Messenger 9/23/02. 02-16432
10/08/2002RemittiturIssued Notice in Lieu of Remittitur. 02-15758
10/08/2002Case Status Update Remittitur Issued/Case Closed.
10/29/2002Post-Judgment OrderFiled Order Denying En Banc Reconsideration. Having considered the petition on file herein, we have concluded that en banc reconsideration is not warranted. NRAP 40A. Accordingly, we "ORDER the petition DENIED." EN BANC 02-18645